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BOND
ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MENDHAM,
IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF
$1,819,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,678,150 BONDS OR NOTES OF
THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF. BE
IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY
OF MORRIS, NEW JERSEY (not less than two-thirds of all members thereof
affirmatively concurring) AS FOLLOWS: Section
1.
The several improvements or purposes described in Section 3 of this bond
ordinance are hereby respectively authorized to be undertaken by the Section
2.
In order to finance the cost of the several improvements or purposes not
covered by application of the several down payments or other available funds,
negotiable bonds are hereby authorized to be issued in the principal amount of
$1,678,150 pursuant to the Local Bond Law. In
anticipation of the issuance of the bonds, negotiable bond anticipation notes
are hereby authorized to be issued pursuant to and within the limitations
prescribed by the Local Bond Law. Section 3. The several improvements or purposes hereby authorized for which the bonds are to be issued, the estimated cost of each improvement or purpose and the appropriation therefor, the estimated maximum amount of bonds or notes to be issued for each improvement or purpose and the respective periods of usefulness are as follows:
The improvements or purposes above include all
costs necessary therefore and incidental thereto. The excess of the
appropriation made for each of the improvements or purposes aforesaid over the
estimated maximum amount of bonds or notes to be issued therefor, as above
stated, is the amount of the down payment, or other funding source as noted,
for each purpose. Section
4.
All bond anticipation notes issued hereunder shall mature at such times
as may be determined by the chief financial officer; provided that no note
shall mature later than one year from its date.
The notes shall bear interest at such rate or rates and be in such form
as may be determined by the chief financial officer.
The chief financial officer shall determine all matters in connection
with notes issued pursuant to this ordinance, and the chief financial
officer's signature upon the notes shall be conclusive evidence as to all such
determinations. All notes issued
hereunder may be renewed from time to time subject to the provisions of the
Local Bond Law. The chief
financial officer is hereby authorized to sell part or all of the notes from
time to time at public or private sale and to deliver them to the purchasers
thereof upon receipt of payment of the purchase price plus accrued interest
from their dates to the date of delivery thereof.
The chief financial officer is directed to report in writing to the
governing body at the meeting next succeeding the date when any sale or
delivery of the notes pursuant to this ordinance is made.
Such report must include the amount, the description, the interest rate
and the maturity schedule of the notes sold, the price obtained and the name
of the purchaser. Section
5.
The capital budget of the Section
6.
The following additional matters are hereby determined, declared,
recited and stated: (a)
The purposes described in Section 3 of this bond ordinance are not
current expenses. They are all
improvements that the Township may lawfully undertake as general improvements,
and no part of the costs thereof has been or shall be specially assessed on
property specially benefited thereby. (b)
The average period of usefulness, computed on the basis of the
respective amounts of obligations authorized for each purpose and the
reasonable life thereof within the limitations of the Local Bond Law, is 11.11
years. (c)
The Supplemental Debt Statement required by the Local Bond Law has been
duly prepared and filed in the office of the Clerk, and a complete executed
duplicate thereof has been filed in the office of the Director of the Division
of Local Government Services in the Department of Community Affairs of the
State of (d)
An aggregate amount not exceeding $375,800 for items of expense listed
in and permitted under N.J.S.A. 40A:2-20 is included in the estimated costs
indicated herein for the purposes or improvements. Section
7.
The grant moneys received for the purposes described in Section 3
hereof shall be applied to direct payment of the cost of the improvements. Section
8.
The chief financial officer of the Township is hereby authorized to
prepare and to update from time to time as necessary a financial disclosure
document to be distributed in connection with the sale of obligations of the
Township and to execute such disclosure document on behalf of the Township.
The chief financial officer is further authorized to enter into the
appropriate undertaking to provide secondary market disclosure on behalf of
the Township pursuant to Rule 15c2-12 of the Securities and Exchange
Commission (the “Rule”) for the benefit of holders and
beneficial owners of obligations of the Township and to amend such undertaking
from time to time in connection with any change in law, or interpretation
thereof, provided such undertaking is and continues to be, in the opinion of a
nationally recognized bond counsel, consistent with the requirements of the
Rule. In the event that the
Township fails to comply with its undertaking, the Township shall not be
liable for any monetary damages, and the remedy shall be limited to specific
performance of the undertaking. Section
9.
The full faith and credit of the Township are hereby pledged to the
punctual payment of the principal of and the interest on the obligations
authorized by this bond ordinance. The
obligations shall be direct, unlimited obligations of the Township, and the
Township shall be obligated to levy ad valorem taxes upon all the taxable real
property within the Township for the payment of the obligations and the
interest thereon without limitation of rate or amount. Section 10. This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law. |
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